When the VA denies service connection or assigns an unreasonably low rating for your unfitting condition, most counsel will tell you to file a VA One-Time Reconsideration Request. There is a better first move — one that gives you two bites at the apple instead of one.
How to Use PEB-Directed Rating Returns to Win Your IDES Case
When you review your initial PEB findings, you may discover that the VA has denied service connection for your unfitting condition — or used an inappropriate rating analysis that resulted in an unreasonably low disability rating. This is more common than it should be, and the consequences are significant.
If this happens to you, your PEBLO and your military counsel will likely advise you to immediately file a VA One-Time Reconsideration Request (VARR) to appeal the decision. That is a reasonable instinct. But it is not always the right first move.
The Problem With Going Straight to a VARR
A VARR puts your appeal in front of a single Decision Review Officer. That officer may disagree with your counsel's analysis of the case. They may interpret the evidence differently. They may simply be having a bad day.
If the VARR is denied, you have used your one reconsideration opportunity — and you are left with fewer options than you started with.
A Better First Move: The PEB-Directed Rating Return
When I represent clients facing a low or denied VA rating in the IDES process, I always consider filing a PEB-Directed Rating Return (PDRR) before reaching for the VARR.
The authority for this request comes from the VA Adjudication Manual M21-1, Part X.i.6.H.4.e. The process works like this: I submit a detailed brief to the PEB — supported by medical records and a clear legal argument — and request that the PEB submit a PDRR to the VA Rating Activity based on the points raised in my brief.
Why This Matters: Two Bites at the Apple
The critical advantage of a PDRR is straightforward: a PDRR request does not count as a VARR.
That means if the PDRR is denied, you have lost nothing. You can still submit a VARR afterward. Instead of having one opportunity to challenge a flawed rating decision, you now have two — in sequence, with the stronger argument leading.
This is not a technicality. It is a strategic choice that preserves your options at a stage in the process where options are everything.
When to Consider a PDRR
A PDRR is worth pursuing when:
- The VA has denied service connection for a condition the PEB has already found unfitting
- The VA's rating analysis relies on an incorrect diagnostic code or an inappropriate analogous rating
- The C&P examination was inadequate, incomplete, or based on a flawed review of the record
- The rating assigned does not reflect the actual severity of the condition under the applicable VASRD criteria
In each of these situations, the PEB has both the authority and the mechanism to send the case back to the VA Rating Activity for correction — before you have to spend your VARR.
The Bottom Line
Most Sailors and soldiers going through IDES are never told this option exists. They file a VARR, it gets denied, and they are left wondering what happened to their appeal rights.
If your VA rating is wrong, the question is not just whether to appeal — it is how to sequence your appeals to give yourself the best possible chance of success.
For more on how VA ratings interact with military disability ratings, see our posts on VA ratings vs. military disability ratings and how military disability ratings are determined. Our post on why to hire an attorney for your PEB explains why knowing these strategic options requires experienced representation.
Call 757-481-0772 for a free consultation. I represent service members at every stage of the IDES MEB/PEB process, and I work with clients at installations across the country and overseas.
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Written by
John B. Gately, Attorney & Counselor at Law
Content creator and writer sharing insights and stories.
